Legal Opinion

Kolbe v. Tibbetts

New York Court of Appeals

Decided December 12, 2013PublishedCited by 67 opinions

1Opinion of the Court

OPINION OF THE COURT

Chief Judge Lippman.

This case calls on us to decide whether certain collective bargaining agreements conferred upon plaintiff retirees a vested *349right to the same health insurance coverage they had when they retired and, if so, whether unilateral modifications to that coverage are nonetheless permissible under either the contract terms or the New York Insurance Moratorium Law. We hold that the contracts establish a vested right to a continuation of the same health coverage under which plaintiffs retired, until they reach age 70, and that the Insurance Moratorium Law does…

2Cases cited11 opinions

  1. W.W.W. Associates, Inc. v. GiancontieriNew York Court of Appeals · 1990
  2. Greenfield v. Philles Records, Inc.New York Court of Appeals · 2002
  3. Litton Financial Printing Div., Litton Business Systems, Inc. v. NLRBSupreme Court of the United States · 1991
  4. Allied Chemical & Alkali Workers of America, Local Union No. 1 v. Pittsburgh Plate Glass Co.Supreme Court of the United States · 1971
  5. Riverside South Planning Corp. v. CRP/Extell Riverside, L.P.New York Court of Appeals · 2009

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3Cited by67 opinions

  1. Cortlandt St. Recovery Corp. v. BondermanCourt for the Trial of Impeachments and Correction of Errors · 2018
  2. Danny Donohue v. Andrew M. CuomoCourt of Appeals for the Second Circuit · 2020
  3. Vassenelli v. City of SyracuseAppellate Division of the Supreme Court of the State of New York · 2016
  4. George K. Baum & Company v. Twin City Fire Insurance Co.Court of Appeals for the Eighth Circuit · 2014
  5. Adamo v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2017

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